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Calhoun County Jail arbitration still ongoing


BY CHARLYN FINN
Published:
Sunday, October 12, 2008 9:29 PM CDT
Following a closed executive session Thursday, Calhoun County Commissioners Court added a third party to its arbitration with the new  jail contractor.

The architect firm for the jail, Fluger & Wiginton, has been added to the list involved in the arbitration, County Judge Michael Pfeifer said.

The county has not yet paid $364,002.85 to the jail contractor, Krueger Construction Company. The company failed to meet the contract deadline for construction completion, which was in October 2005.  The county did not take possession of the new building until after a Texas Jail Commission inspection in June 2006.

Over two years after the move-in, Krueger has not received its retainage. One of the subcontractors, KBM Air Conditioning Inc., is part of the arbitrage stating the company was not paid by the building contractor because the contractor had not received  his retainage.


The county also approved a settlement with the Texas Department of  Agriculture concerning Precinct 2 having an expired license to spray mosquitoes, Judge Pfeifer said. Apparently Pct. 2 has been spraying mosquitoes without a license since  2005.

Pfeifer was glad to report that the deficiency can be overcome by Pct. 2 employees taking some continuing education hours so up-to-date licenses can be obtained. The licenses cost $760 per employee that will be spraying and the licenses are good for two-year terms, Pfeifer said.

No action was taken on a third matter discussed in the closed session, the $19,000 still owed by Tax Assessor-Collector Gloria Ochoa to the Texas Comptroller.

The money is owed due to a former deputy Anna Lopez Rodriguez embezzling $30,000 in boat and license money.

She was given a probated sentence and ordered to pay restitution. However, Ochoa was responsible for the repayment as she is the elected official that oversees the office. She filed a lawsuit against the county and the comptroller’s office to get a declaratory judgment from District Court so she would not be liable for the lost funds. The county was later dropped from the suit but the comptroller’s office is still part of the suit. The comptroller’s office and Ochoa hoped the county would reimburse the comptroller’s office, Ochoa said earlier  this week.

Ochoa has already repaid the county’s funds and  has paid $4,000 to the comptroller from Rodriguez’s restitution payments.


However, Thursday commissioner’ court took no action. It was decided that since Ochoa is an elected official and responsible for her office,  the recoup of the funds is between Ochoa and the comptroller’s office.

In other action, court authorized advertising for a contractor for a new roof for the main branch library in Port Lavaca, for the Calhoun County Airport building as well as repairs to the south and west walls. Bids will be due on Nov. 6 and awarded on Nov. 13.

Texas Windstorm Insurance Association was declared a single source. “This is done every year because this is the only one that will write windstorm for the county,” said  auditor Cynthia Mueller.

The auditor was also authorized to advertise for other county insurance.



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